October 25, 2019

Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51744(U))

Headnote

The relevant facts considered by the court were that Active Care Medical Supply Corp. was seeking to recover assigned first-party no-fault benefits from American Independent Ins. Co. The main issue decided by the court was whether defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) should be granted. The holding of the court was that the order denying defendant's motion to dismiss the complaint was reversed, and defendant's motion to dismiss the complaint was granted. The court's decision was based on the reasoning stated in another case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., which was decided in a similar manner.

Reported in New York Official Reports at Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51744(U))

Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51744(U)) [*1]

Active Care Med. Supply Corp. v American Ind. Ins. Co.

2019 NY Slip Op 51744(U) [65 Misc 3d 144(A)]

Decided on October 25, 2019

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 25, 2019

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2017-2435 K C

Active Care Medical Supply Corp., as Assignee of Carter, Beja, Respondent,
against
American Independent Ins. Co., Appellant.

Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered November 29, 2017. The order, insofar as appealed from, denied defendant’s motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

For the reasons stated in Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-2405 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s motion to dismiss the complaint is granted.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 25, 2019